Lawyers for accused gunman want lawmaker to stop intervening

State Sen. John Whitmire, pictured outside a state facility for sexual predators, intervened to get an alleged cop-killer moved from jail to a state mental hospital.
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State Sen. John Whitmire, pictured outside a state facility for sexual predators, intervened to get an alleged cop-killer moved from jail to a state mental hospital.
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Photo: Steve Gonzales, Staff

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Lawyers for Shannon Miles, shown here at an Aug. 31 arraignment, called state Sen. John Whitmire's intervention 'dangerous' and questioned whether
it violated the constitutional separation of powers.
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Lawyers for Shannon Miles, shown here at an Aug. 31 arraignment, called state Sen. John Whitmire's intervention 'dangerous' and questioned whether
it violated the constitutional separation of powers.
﻿

Photo: Cody Duty, Staff

Image 3 of 3

Harris County deputy Darren H. Goforth, 47, a 10-year department veteran was shot and killed at Chevron station on Friday night at Telge and West roads. Officials say the deputy was shot from behind and died at the scene. less

Harris County deputy Darren H. Goforth, 47, a 10-year department veteran was shot and killed at Chevron station on Friday night at Telge and West roads. Officials say the deputy was shot from behind and died at ... more

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Lawyers for accused gunman want lawmaker to stop intervening

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State Sen. John Whitmire has made a name for himself by reaching for the phone and demanding action when he sees a problem that needs fixing.

For 43 years, the "Dean of the Texas Senate" has made a habit of intervening in a host of issues, especially when it comes to his passions, such as criminal justice.

But next week, lawyers for Shannon Miles, the man accused of gunning down a Harris County deputy, will ask a judge to stop Whitmire from being, well, Whitmire.

"I do this every day," the Houston Democrat said of the most recent case in which he has injected himself. "I've heard that the lawyer is going to try to block my involvement. Good luck on that. He's not even going to slow it down."

A subpoena was delivered to Whitmire on Thursday to appear for a hearing in which a Houston judge will consider when Miles will be transferred from the Harris County jail to a state mental health facility. The judge will also consider a pointed 10-page motion filed this week by attorney Anthony Osso to prohibit Whitmire from interfering in his client's case.

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Earlier this month, Miles was declared incompetent to stand trial and committed to a state hospital for at least 120 days to regain his mental health. The transfer was expected to take at least three months as he waited in line behind 60 other Harris County inmates because of a limited number of beds at maximum-security state hospitals.

The next day, after Whitmire drank his coffee and read the details in the newspaper, he contacted state officials and put Miles on a fast track to be moved immediately, saying it might not be safe for him to be locked up by the co-workers of the man he is accused of killing.

Miles is charged with capital murder, accused of ambushing Deputy Darren Goforth at a Cypress-area gas station on Aug. 28.

'This is dangerous'

Attorneys for the 31-year-old disagreed with Whitmire's assessment and, during an emergency hearing last week, asked the judge to stop the expedited transfer.

State District Judge Susan Brown said she will revisit the issue on Wednesday.

In preparation for the upcoming hearing, Osso and attorney Charles Brown filed a "Motion to preclude Senator John Whitmire from interfering in the prosecution of Shannon Miles."

"It is now clear that Senator Whitmire has a strong interest in seeing Mr. Miles prosecuted quickly," according to the document. "This is dangerous."

Whitmire fired back, saying the lawyers are grandstanding and running up their legal bills, which are paid with tax dollars because Miles is indigent, both assertions that Osso denied.

"That's the pot calling the kettle black," the lawyer said. "He's the dean of grandstanding."

"His interference in this prosecution therefore places a thumb on the scale of finding competency restoration," according to the motion. "Particularly if the case is a close one, doctors may feel pressured to conclude that Mr. Miles can assist his legal team when he cannot."

They also contend that having a legislator intervene in a judicial proceeding is a violation of the separation of powers mandated by the U.S. Constitution.

"The stakes are too high to allow a powerful public official to play a role in this extremely delicate situation," according to the motion. "He has utilized his influence as a state senator to affect how the trial unfolds."

Osso said he looks forward to questioning the senate's most senior member.

"I'm astonished that he doesn't understand the separation of powers," Osso said. "He can't just pick up the phone and do whatever he wants. He doesn't have the legal authority."

'I get involved'

Whitmire says he is trying to help Miles in the immediate future and, in the long term, other inmates who need mental health care.

"I thought everyone in this case was serious about sending him to the state hospital," Whitmire said. "He's sick. Sick people need to go to the hospital."

He also said he is talking to state agencies and mental health hospitals in a bid for more resources to address the backlog, especially in the Gulf Coast.

"I do have the ability to pick up the phone to ask a huge institution, like UT Health Science Center at Houston, to begin a proposal to do competency hearings and other things in Harris County," he said. "No one ever told me there's a backlog. I can only fix things that I know about."

Whitmire said he does not know if he will actually have to testify next week but said he has no plans to dodge it.

"I'll be glad to talk all day, on the stand, about my involvement in attempting to make Texas safe and improve the criminal justice system," he said. "I get involved."